Injuction Against Harassment

Johanaf · August 2002

Here is the story. We hired an individual on Monday. On Tuesday an existing employee came to HR and told us that he (the existing employee) has an injuction against harassment on the new employee. We asked him to bring the paper work today which he did. The document states that the new employee shall not contact the existing employee in person, by phone or in writing. Also states that the new employee shall not go on or near where the existing employee resides or work. The paper work shows last place of employment not with us but with his previous employer. We haven't talked to the new employee yet. We don't believe he knew that the existing employee works here. Anyway, I called the Phoenix Justice court but they haven't return my call ( what a surprise!). However the clerk told me not to talk to either employee until I hear from the supervisor. I know that we have an obligation to provide a safe work enviroment. Should we let go the new employee? I believe that injuctions are good for a year. Is that true?
I say let the new employee go but others don't agree.
Please help!

susan macias · August 2002

We just had a similar situation. We're a hospital and our employee had an injunction against a patient who has to come to the employee's unit for treatment three times a week for a chronic condition. Our attorney's advice was that we have no cause to terminate the employee and could face a wrongful discharge suit if we fire. Maybe your new employee needs to check with the court to see if he/she will be violating the injunction by working with the current employee and if so, may have to quit.

Don D · August 2002

I don't have a clue what the court may say; however, I don't think it would be fair by any stretch to consider terminating the guy. They used to call these 'peace bonds' or restraining orders, I think. They're not uncommon and its amazing how often the real troublemaker is the person who gets the court order filed against somebody else. I wonder if the EEOC would allow us to add to our application the question, "Are you currently under a court order to steer clear of any person now employed by _______?" We had sort of a similar twist with a terminated ee who was ordered not to return to the property under threat of arrest if he did. He got hired by a pallet manufacturer who delivers to one of our plants and showed up in an 18-wheeler delivering pallets. We thought he was a danger to us on a forklift, and, Hell, here he is with mirrored shades on, driving an 80,000 pound tractor-trailer at our front door! A call to his new employer took care of it.

TomG · August 2002

I would be more concerned with the possibility of a "negligent hiring" suit than a wrongful termination suit. If an altercation occurs between the two individuals and one is seriously hurt, or heaven forbid, one dies, I think you would have a much more difficult time winning the suit. As for a wrongful discharge suit, it seems to me you would be in a much stronger position to defend your actions. Suggest you contact a good labor attorney ASAP.

Injuction Against Harassment

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